LAVAGEM DE DINHEIRO: uma proposta estrutural para o combate da criminalidade organizada

Abstract

This paper aims at addressing the main aspects of money laundering crime, which consists of a strategy used by one or more people or criminal organizations to move assets, rights or values acquired in illicit activities, in order to conceal or disguise their origin and incorporate it, directly or temporarily, into the legal financial market. Initially, the Law on Money Laundering Crimes established that the crimes prior to the depiction of money laundering would be: illicit traffic in narcotics; terrorism and its financing; the smuggling or trafficking of weapons, ammunition or material intended for their production; extortion through kidnapping; the crimes perpetrated against the Public Administration; crimes committed against the national financial system; those committed by criminal organizations; and those practiced by individuals against the foreign public administration. However, the delimitation of the previous infractions was causing a deficiency in the curtailment of the practice of crime, among other causes, which led to the publication of Law No. 12,683 / 2012, which modified several provisions of the Law on Money Laundering Crimes, among them coverage of past crimes, that is, after July 9, 2012, any criminal offense, be it crime or criminal contravention, can be considered as an act prior to money laundering. In this way, the work was carried out through research in doctrine, jurisprudence and legislation, in order to explore the main points of money laundering, which has remained criminalized due to the various harms caused to the cultural, economic and political bases of society.